1-1     By:  Thompson (Senate Sponsor - Armbrister)           H.B. No. 2272

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on

 1-4     Jurisprudence; May 18, 1997, reported favorably by the following

 1-5     vote:  Yeas 5, Nays 1; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to certain court costs a person convicted of certain

 1-9     offenses is required to pay.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Article 102.013, Code of Criminal Procedure, is

1-12     amended to read as follows:

1-13           Art. 102.013.  COURT COSTS; CRIME STOPPERS ASSISTANCE

1-14     ACCOUNT.  (a)  [A defendant convicted of an offense other than a

1-15     misdemeanor punishable by fine only shall pay as a cost of court

1-16     $2.]

1-17           [(b)  In this article, a person is considered to have been

1-18     convicted in a case if:]

1-19                 [(1)  a sentence is imposed;]

1-20                 [(2)  the defendant receives probation or deferred

1-21     adjudication; or]

1-22                 [(3)  the court defers final disposition of the case.]

1-23           [(c)  An officer collecting costs under Subsection (a) of

1-24     this article shall keep a separate record of the funds collected as

1-25     costs under this article and shall deposit the funds in the county

1-26     treasury.]

1-27           [(d)  An officer collecting costs under Subsection (a) of

1-28     this article shall file the report required under Article 103.005

1-29     of this code.  If no funds due as costs under Subsection (a) of

1-30     this article are collected in a quarter, the report required for

1-31     the quarter shall be filed in the regular manner and must state

1-32     that no funds due under Subsection (a) of this article were

1-33     collected.]

1-34           [(e)  The custodian of the county treasury shall keep a

1-35     record of the amount of funds collected under Subsection (a) of

1-36     this article and, on or before the last day of the month following

1-37     each calendar quarter, remit to the comptroller funds collected

1-38     under Subsection (a) of this article in the preceding quarter.  The

1-39     custodian of the county treasury may retain 10 percent of the funds

1-40     collected under Subsection (a) of this article and the interest as

1-41     a service fee if the custodian of the treasury keeps records of the

1-42     amount of funds on deposit collected under Subsection (a) of this

1-43     article and remits the funds to the comptroller within the period

1-44     prescribed under this subsection.]

1-45           [(f)  The comptroller shall deposit the funds received by the

1-46     comptroller under Subsection (e) of this article in an account of

1-47     the General Revenue Fund to be known as the crime stoppers

1-48     assistance account.]

1-49           [(g)]  The legislature shall appropriate funds from the crime

1-50     stoppers assistance account to the Criminal Justice Division of the

1-51     Governor's Office.  The Criminal Justice Division may use 10

1-52     percent of the funds for the operation of the toll-free telephone

1-53     service under Section 414.012, Government Code, and shall

1-54     distribute the remainder of the funds only to local crime stoppers

1-55     programs.  The Criminal Justice Division may adopt a budget and

1-56     rules to implement the distribution of these funds.

1-57           (b) [(h)  All funds collected under Subsection (a) of this

1-58     article are subject to audit by the comptroller.]  All funds

1-59     distributed by the Criminal Justice Division under Subsection (a)

1-60     [(g)] of this article are subject to audit by the state auditor.

1-61     All funds collected or distributed are subject to audit by the

1-62     Governor's Division of Planning Coordination.

1-63           (c) [(i)]  In this article, "local crime stoppers program"

1-64     has the meaning assigned by Section 414.001, Government Code.

 2-1           SECTION 2.  Article 102.016, Code of Criminal Procedure, is

 2-2     amended to read as follows:

 2-3           Art. 102.016.  COSTS FOR BREATH ALCOHOL TESTING PROGRAM.

 2-4     (a)  [A person convicted of an offense under Chapter 49, Penal

 2-5     Code, other than an offense punishable as a Class C misdemeanor, or

 2-6     of an offense under the Texas Commercial Driver's License Act

 2-7     (Article 6687b-2, Revised Statutes), shall pay as court costs $30,

 2-8     in addition to other court costs.]

 2-9           [(b)  The officer shall collect the costs in the same manner

2-10     as other costs are collected in the case.]

2-11           [(c)  In this article, court costs are due from the convicted

2-12     person regardless of whether the person submitted a specimen of

2-13     breath or blood for analysis, and a person is considered to have

2-14     been convicted in a case if:]

2-15                 [(1)  sentence is imposed;]

2-16                 [(2)  the defendant receives probation or deferred

2-17     adjudication; or]

2-18                 [(3)  the court defers final disposition of the case.]

2-19           [(d)  An officer collecting costs due under this article in

2-20     cases in municipal court shall keep separate records of the funds

2-21     collected under this article and shall deposit the funds in the

2-22     municipal treasury.]

2-23           [(e)  An officer collecting costs due under this article in

2-24     cases in county or district court or in appeals in county court

2-25     shall keep separate records of the funds collected under this

2-26     article and shall deposit the funds in the county treasury.]

2-27           [(f)]  The custodians of municipal and county treasuries may

2-28     deposit funds collected under this article in interest-bearing

2-29     accounts and retain for the municipality or county interest earned

2-30     on the funds.  The custodians shall keep records of funds received

2-31     and disbursed under this article and shall provide a yearly report

2-32     of all funds received and disbursed under this article to the

2-33     comptroller, the Department of Public Safety, and to each agency in

2-34     the county served by the court that participates in or maintains a

2-35     certified breath alcohol testing program.  The comptroller shall

2-36     approve the form of the report.

2-37           [(g)  The custodian of a municipal or county treasury in a

2-38     county that uses the services of a certified technical supervisor

2-39     employed by the Department of Public Safety for the administration

2-40     of a certified alcohol testing program, on or before the last day

2-41     of the month of each calendar quarter, shall remit to the

2-42     comptroller any funds collected under this article during the

2-43     previous calendar quarter.]

2-44           (b) [(h)]  The custodian of a municipal or county treasury in

2-45     a county that maintains a certified breath alcohol testing program

2-46     but does not use the services of a certified technical supervisor

2-47     employed by the department may, [shall remit $7.50 of each cost

2-48     collected under this article to the comptroller on or before the

2-49     last day of the month of each calendar quarter, and retain $22.50

2-50     of the cost] to defray the costs of maintaining and supporting a

2-51     certified alcohol breath testing program, retain $22.50 of each

2-52     court cost collected under Article 102.075 on conviction of an

2-53     offense under:

2-54                 (1)  Chapter 49, Penal Code, other than an offense that

2-55     is a Class C misdemeanor; or

2-56                 (2)  Chapter 522, Transportation Code.

2-57           (c) [(i)  The comptroller shall deposit all funds received

2-58     under this article to the credit of the general revenue fund.]  The

2-59     legislature may appropriate money deposited to the credit of the

2-60     breath alcohol testing account in the general revenue fund under

2-61     this subsection to the Department of Public Safety for use by the

2-62     department in the implementation, administration, and maintenance

2-63     of the statewide certified breath alcohol testing program.

2-64           (d) [(j)]  The Department of Public Safety shall maintain a

2-65     list of counties that do not use the services of a certified

2-66     technical supervisor employed by the department.

2-67           SECTION 3.  Subchapter C, Chapter 102, Code of Criminal

2-68     Procedure, is amended by adding Article 102.075 to read as follows:

2-69           Art. 102.075.  COURT COSTS FOR SPECIAL SERVICES.  (a)  Except

 3-1     as provided by Subsection (b), a person convicted of an offense

 3-2     shall pay, in addition to all other costs:

 3-3                 (1)  $80 as a court cost on conviction of:

 3-4                       (A)  a felony; or

 3-5                       (B)  an offense punishable by imprisonment or

 3-6     confinement in jail for a term of more than one year;

 3-7                 (2)  $40 as a court cost on conviction of:

 3-8                       (A)  a Class A misdemeanor;

 3-9                       (B)  a Class B misdemeanor;

3-10                       (C)  an offense punishable by confinement in jail

3-11     for a term of not more than one year; or

3-12                       (D)  a municipal ordinance punishable by a fine

3-13     of more than $500; or

3-14                 (3)  $17 as a court cost on conviction of any offense

3-15     punishable by fine only, other than an offense described by

3-16     Subdivision (2)(D) of this subsection.

3-17           (b)  Subsection (a) does not apply to a person convicted

3-18     under Subtitle C, Title 7, Transportation Code, if the person is

3-19     convicted of a provision of that subtitle regulating pedestrians or

3-20     the parking of a motor vehicle.

3-21           (c)  An officer collecting a cost due under this article in a

3-22     case in municipal court shall keep separate records of the money

3-23     collected and shall deposit the money in the municipal treasury.

3-24           (d)  An officer collecting a cost due under this article in a

3-25     justice, county, or district court shall keep separate records of

3-26     the money collected and shall deposit the money in the county

3-27     treasury.

3-28           (e)  An officer collecting a cost due under this article

3-29     shall file the report required by Article 103.005.  If no money due

3-30     as a cost under this article is collected in any quarter, the

3-31     report required for that quarter shall be filed in the regular

3-32     manner, and the report shall state that no money due under this

3-33     article was collected.

3-34           (f)  The custodian of money in a municipal or county treasury

3-35     may deposit money collected under this article in an

3-36     interest-bearing account.  The custodian shall:

3-37                 (1)  keep records of the amount of money collected

3-38     under this article that is on deposit in the treasury; and

3-39                 (2)  not later than the last day of the month following

3-40     each calendar quarter, remit to the comptroller money collected

3-41     under this article during the preceding quarter, as required by the

3-42     comptroller.

3-43           (g)  A municipality or county may retain 10 percent of the

3-44     money collected under this article as a service fee for the

3-45     collection.  The municipality or county may retain any interest

3-46     accrued on the money if the custodian of money deposited in the

3-47     treasury keeps records of the amount of money collected under this

3-48     article that is on deposit in the treasury and remits the funds to

3-49     the comptroller within the period prescribed in Subsection (f).

3-50           (h)  The comptroller shall deposit money received under this

3-51     article to the credit of the following accounts in the general

3-52     revenue fund according to the specified percentages:

3-53                       NAME OF ACCOUNT                  PERCENTAGE

3-54           abused children's counseling                      0.02%

3-55           crime stoppers assistance                          0.6%

3-56           breath alcohol testing                            1.28%

3-57           Bill Blackwood Law Enforcement

3-58           Management Institute                              2.52%

3-59           law enforcement officers standards and education 11.63%

3-60           comprehensive rehabilitation                     12.37%

3-61           operator's and chauffeur's license                25.9%

3-62           criminal justice planning                        29.18%

3-63           (i)  Of each dollar credited to the law enforcement officers

3-64     standards and education account under Subsection (h):

3-65                 (1)  $.333 may be used only to pay administrative

3-66     expenses; and

3-67                 (2)  the remainder may be used only to pay expenses

3-68     related to continuing education for persons licensed under Chapter

3-69     415, Government Code.

 4-1           (j)  Money collected under this article is subject to audit

 4-2     by the comptroller.  Money spent is subject to audit by the state

 4-3     auditor.

 4-4           (k)  Except for a conviction in a municipal court or as

 4-5     otherwise provided by this article, Chapter 103 applies to the

 4-6     collection of a cost under this article.

 4-7           (l)  In this article:

 4-8                 (1)  court costs are due from the person regardless of

 4-9     whether the person submitted a specimen of breath or blood for

4-10     analysis; and

4-11                 (2)  a person is considered to have been convicted in a

4-12     case if:

4-13                       (A)  a sentence is imposed;

4-14                       (B)  the person receives community supervision or

4-15     deferred adjudication; or

4-16                       (C)  the court defers final disposition of the

4-17     case.

4-18           SECTION 4.  The following are repealed:

4-19                 (1)  Article 37.072, Code of Criminal Procedure;

4-20                 (2)  Article 102.015, Code of Criminal Procedure;

4-21                 (3)  Articles 102.051, 102.052, 102.053, 102.054, and

4-22     102.055, Code of Criminal Procedure;

4-23                 (4)  Subchapter D, Chapter 102, Code of Criminal

4-24     Procedure;

4-25                 (5)  Section 601.192, Transportation Code; and

4-26                 (6)  Sections 415.082 and 415.083, Government Code.

4-27           SECTION 5.  (a)  This Act takes effect September 1, 1997.

4-28           (b)  The change in law made by this Act applies only to a

4-29     court cost imposed on conviction of an offense committed on or

4-30     after the effective date of this Act.  A court cost imposed on

4-31     conviction of an offense committed before the effective date of

4-32     this Act is governed by the law in effect when the offense was

4-33     committed, and the former law is continued in effect for that

4-34     purpose.  For the purposes of this section, an offense was

4-35     committed before the effective date of this Act if any element of

4-36     the offense occurred before that date.

4-37           SECTION 6.  The importance of this legislation and the

4-38     crowded condition of the calendars in both houses create an

4-39     emergency and an imperative public necessity that the

4-40     constitutional rule requiring bills to be read on three several

4-41     days in each house be suspended, and this rule is hereby suspended.

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